Comparative Negligence

In some cases involving personal injury, determining negligence is clear-cut. One party’s actions were 100% responsible for causing the injuries of the victim. In these situations, the victim is entitled to receive full compensation for all damages. Unfortunately, not all personal injury cases are this straight forward. In fact, in many cases both parties are at least partially responsible for the accident. If both parties share negligence, determining compensation becomes much more complicated.

The state of Texas awards damages in personal injury cases under a system of comparative negligence. This means that you are only entitled to receive compensation for your damages if you are at most 50% responsible for the accident which caused your injuries. If your share of the negligence is 51% or greater, you will not receive compensation.

Under this comparative negligence system, your compensation will be reduced by the percentage for which you are at fault. For example, if it is determined that you are 25% at fault for the accident, you will only receive 75% of the damages to which you would be entitled had the other party been found completely at fault.

It is important to work with a skilled and experienced personal injury lawyer who can conclusively prove that the other party was negligent. At Polewski & Associates, our Dallas personal injury attorneys have more than 25 years experience handling these complex cases. We understand the Texas comparative negligence laws, and we will fight to ensure you receive the maximum allowable compensation based on the amount of negligence attributed to your actions.

Please contact us today to schedule your free initial consultation. Polewski & Associates serves clients in Dallas and throughout North Texas.